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IP Transactions “Kim & Chang is a household name in the Korean legal market and excels in all transactional matters
across M&A, private equity, finance, capital markets, project development and restructuring and insolvency.”
– IFLR1000 2023

Overview

Kim & Chang’s IP Transactions Practice offers highly specialized legal advice for business transactions related to intellectual property (“IP”) and technology, including mergers and acquisitions, joint ventures and licensing.

Intellectual property and technology, as essential assets and the source of competitive advantages for a company, play a pivotal role in mergers and acquisitions and other business transactions. Engaging in a successful transaction for IP or tech-intensive companies thus requires a high level of understanding on the nature of IP and technology, as well as the interests of various parties involved. Our IP Transactions Practice consists of seasoned lawyers and experts in the areas of IP, technology and M&A, allowing us to provide creative and efficient legal services.

Key Servicesshow

IP and Technology-Intensive Transactions

Kim & Chang’s IP Transactions Practice has extensive experience not only in emerging fields in technology, such as artificial intelligence, robotics, fintech and platform, but also in conventional IP-intensive industries, including semiconductors, batteries, mobility, telecommunications, display, biotech and healthcare. We have also handled a diverse range of IP and technology transactions related to industries where the core value comes from brands and copyrighted works, including broadcasting, webtoons (digital comics), entertainment, logistics and various consumer goods industries.

 

Optimization of Transaction Structure

Our clients in IP and tech-intensive industries engage in various transactions ranging from conventional licensing and M&A (i.e., share purchase, merger/spin-off, business transfer, joint venture and minority investments) to various newly emerging transactions, such as share swaps based on strategic business partnerships, establishing a joint venture exclusively for R&D or production, securitization of IP, IP pooling among affiliates and collaboration between brands. Based on our rich expertise and experience in IP and technology industries, our IP Transactions Practice develops creative and optimal transaction structures reflecting the nature of the industry and the needs of our clients.

Key Experienceshow

IP M&A/License
  • Represented a battery industry client in negotiations for a license agreement related to the establishment of a joint venture in the US.
  • Represented a battery industry client in negotiations for a license agreement related to the establishment of a joint venture in Indonesia.
  • Advised a Korean materials technology company on the establishment of a joint venture, a joint development agreement and a license agreement with a Japanese company.
  • Advised on a licensing transaction related to joint development and commercialization of an LNG liquefaction system.
  • Advised on the establishment of a joint venture in Thailand and the structure of related licensing transactions.
  • Advised on UCK Partners’ acquisition and sale of Medit, a dental scanner company.
  • Advised Hahn & Company on its acquisition of Lutronic, an aesthetic medical device company.
  • Advised a Korean company on searching, evaluation and acquisition of a hydrogen-related company.
  • Advised Bain Capital on its acquisition of Classys, an aesthetic medical device company.
  • Advised Hyundai Motor Group on its acquisition of Boston Dynamics.
  • Provided advice to a Korean entertainment company on a license agreement between its affiliates in the US.

 

Tech Intelligence
  • Advised Ascent PE on Tech/IP DD for investment in Company A, which owns tank technology, followed by its bolt-on strategies.
  • Advised on identifying M&A candidates in the areas of infrastructure technology for Company A and power technology for Company B.
  • Reviewed technology risk in connection with Company C’s contemplated acquisition of a Japanese company.
  • Reviewed IP competitiveness in connection with the contemplated acquisition of a Korean company by an overseas semiconductor company.
  • Advised on IP landscape in the area of mRNA.
  • Advised on the establishment of strategies, targeting and due diligence for securing hydrogen-related technologies.
  • Analyzed technology trends and provided advice on R&D strategies in the battery sector.
  • Advised on strategy to enter a new business by utilizing existing technology related to mobility.
  • Performed analysis and benchmarking of global advanced business/IP strategies regarding autonomous driving technology.

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